To understand the importance and context of the Party Window, it is necessary to delve deeper into the circumstances that gave rise to it. In 2007, a high-profile legal dispute marked the Brazilian political scene.
That year, the Popular Socialist Party (PPS), the Social Democratic Party (PSD) and the Democrats (DEM) filed a lawsuit with the Supreme Federal Court, claiming the mandates of 23 federal deputies who had switched parties to join other parties. The basis of the parties' argument was the idea that the mandates belonged to the parties, not to the elected candidates. On the other hand, the parliamentarians argued that the Constitution did not provide for the loss of mandate due to party disloyalty.
Parliamentary bench
Party Window starts on March 7th
At the heart of the matter was Article 55 of the Federal uk mobile database Constitution, which outlined the conditions under which a member of parliament could lose his or her mandate. However, the Supreme Court, when analyzing the case, ruled that proportional elective mandates, such as those of councilors and deputies, belonged to the parties. This determination was based on the proportional election system, in which seats in the legislative house are distributed by party based on the calculation of the electoral quotient .
Subsequently, the TSE ratified the STF's decision through Resolution No. 22,610, establishing four cases in which the transfer of party would not result in the loss of the parliamentary mandate: incorporation or merger of party, creation of new party, substantial change or repeated deviation from the party program, and serious personal discrimination.
What were the changes in the political scenario?
In a context of political crisis, party fragmentation in the Legislative Branch has become a challenge for the country's governability. To mitigate this problem, the Brazilian parliament proposed an amendment to the Constitution, allowing parties to change without losing their mandate. This measure aimed, among other things, to seek greater unity in political action and facilitate political articulations.